BAHADUR SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) THE above titled appeals are arising out of the judgment of the learned Sessions Judge passed in Sessions case No. 4 of 2009 dated 6.1.2010 whereby the appellants herein were convicted under Section 395 Indian Penal Code and sentenced to undergo imprisonment for a period of 7 years and to pay a fine of Rs.5000/ - each. In default of payment of fine, to further undergo imprisonment for 1 year. Their pre -trial and under trial detention was ordered to be set -off against the sentence passed. Hence the present appeal by the appellants hereinafter referred to as 'the accused '.

(2.) THE background of the case in brief, as emerges from the evidence on record, can be stated thus. M/s Prem Steel Man of Mandi Govindgarh (Pb.) was owned by PW27 Prem Kumar who was being assisted by his sons Pankaj Aggarwal and Neeraj. Shri Pritpal Singh PW28 was working as clerk for the last about a decade with him whose work was to get supply orders and collect payments of the material supplied to the various dealers. The aforesaid concern was also having its Branch under the Head and Style ?M/s Prem Steel? at Parwanoo H.P. from where they use to supply steel material in the area of Hamirpur and Bilaspur in the State of H.P. PW28 Pritpal Singh aforesaid had been obtaining supply orders and collecting money even from the area of H.P.

(3.) FINDING a prima facie case under Section 395 Indian Penal Code, all the accused persons were charge sheeted to which they pleaded not guilty and clamed trial.